The applicability of legal pluralism will be apparent when viewed from the side of the legal subject, that is, when a person or legal subject is faced with various legal choices in dealing with a legal problem. If it is related to inheritance law in Indonesia, then it will be apparent how the legal subject resolves inheritance disputes, where the legal subject can choose a legal option in resolving the inheritance dispute.

The legal options that can be chosen are Islamic inheritance law, customary inheritance law or western inheritance law (BW). Thus, it can be said that there is legal pluralism in terms of the inheritance legal system in Indonesia.[7]

Looking at the legal pluralism of inheritance, the legal subject is given the freedom to choose the settlement of inheritance disputes. The legal option referred to in this case is that the settlement of the inheritance dispute can be submitted to the District Court if it wants a settlement of the inheritance dispute that is subject to Customary Law or the Civil Code or it can be submitted to the Religious Court if the settlement of the inheritance dispute is subject to Islamic Law.

Reference source

Regulation:

  • Law Number 48 of 2009 concerning Judicial Power.
  • Law Number 2 of 1986 jo Stbl. 1937 Number 16.
  • Law Number 3 of 2006 concerning Religious Courts.

Book:

  • Ashari Setja Marwah Adli. (2020). Settlement of Customary Inheritance Disputes for Islamic Religious Communities Based on Law Number 3 of 2006. Udayana Law Masters Journal, 9(1), 76-84.

Journal:

  • Ilham Tohari. (2018). Examining the Authority of the District Court in Resolving Inheritance Cases of Muslim Communities After the Enactment of Law No. 3 of 2006 Concerning Religious Courts. Yudisia, 9(1), 14-31.
  • Eka Susylawati. (2006). Dispute of Court Authority in Inheritance Cases Due to Legal Options. Al-Ahkam, 1(1), 72-94.
  • Isabella Takapente. (2020). Legal Review of the Judge's Method of Resolving Customary Inheritance Disputes. Lex Et Societatis, 8(1), 119-142.

[1] Article 18 jo Article 25 paragraph (1) of Law Number 48 of 2009 concerning Judicial Power.

[2] Law Number 2 of 1986 jo Stbl. 1937 Number 16.

[3] Ilham Tohari, “Examining the Authority of the District Court in Resolving Inheritance Cases of Muslim Communities After the Enactment of Law No. 3 of 2006 Concerning Religious Courts” Yudisia, Vol. 9, No. 1 (June 2018), 22.

[4] Eka Susylawati, “Dispute of Court Authority in Inheritance Cases Due to Legal Options” Al-Ahkam, Vol. 1, No. 1 (June 2006), 83.

[5] Isabella Takapente, “Legal Review of the Judge's Method of Resolving Customary Inheritance Disputes” Lex Et Societatis, Vol. VIII, No. 1 (March 2020), 134.

[6] Ashari Setja Marwah Adli, “Resolution of Customary Inheritance Disputes for Islamic Communities Based on Law Number 3 of 2006” Jurnal Magister Hukum Udayana, Vol. 9, No. 1 (May 2020), 78.

[7] Ibid., 80.